N.Y. Dangerous LLC v. Librot

• Decision Date: 07 December 2021
• Docket Number: Case Nos. 2019-2817, 2019-21211,14801,Index No. 655839/17
• Citation: 200 A.D.3d 467,155 N.Y.S.3d 71 (Mem)
• Parties: NEW YORK DANGEROUS LLC et al., Plaintiffs–Appellants, v. Adam LIBROT, Defendant–Respondent.
• Court: New York Supreme Court — Appellate Division

200 A.D.3d 467

155 N.Y.S.3d 71 (Mem)

NEW YORK DANGEROUS LLC et al., Plaintiffs–Appellants,

v.Adam LIBROT, Defendant–Respondent.

14801

Index No. 655839/17

Case Nos. 2019-2817, 2019-21211

Supreme Court, Appellate Division, First Department, New York.

ENTERED December 7, 2021

Leon Feingold, appellant pro se and for New York Dangerous LLC, appellant.

Adam Librot, respondent pro se.

Acosta, P.J., Gische, Webber, Friedman, Kennedy, JJ.

Order, Supreme Court, New York County (Gerald Lebovits, J.), entered on or about March 14, 2019, which denied plaintiffs’ motion to vacate an order, same court and Justice, entered January 25, 2019, dismissing the complaint pursuant to 22 NYCRR 202.27 for their failure to appear at two preliminary conferences, unanimously affirmed, without costs.

Plaintiffs failed to demonstrate a reasonable excuse for their failure to appear at two scheduled court conferences (see 22 NYCRR 202.27 ; Biton v. Turco, 88 A.D.3d 519, 930 N.Y.S.2d 876 [1st Dept. 2011], lv dismissed 30 N.Y.3d 1081, 69 N.Y.S.3d 847, 92 N.E.3d 1237 [2018] ). Although the preliminary conferences were not electronically filed on NYSCEF, the e-filing status was "full participation recorded," i.e., all parties provided their email contact information (NYSCEF Index No. 655839/2017). As the motion court observed, plaintiff Feingold, an admitted attorney, "does not deny that he was notified under the e-track system." Thus, Feingold's excuse that he effectively failed to check his email, not once but twice, is unavailing (see Bank of N.Y. v. Mohammed, 130 A.D.3d 1419, 1420, 14 N.Y.S.3d 783 [3rd Dept. 2015] ). Plaintiffs also failed to demonstrate a meritorious cause of action (see Biton, 88 A.D.3d at 519, 930 N.Y.S.2d 876 ).